Lodger flooded 2nd floor bathroom of flats

G_M

noddynoo wrote: »

Absolutely would LOVE to hear their side I can virtually guarantee it would have a different slant

I'm a lodger in my landlord's flat. He rents it from the owner of the flat.

I'm leaving the flat (new job) and my landlord has refused to return my deposit because of a flood.

There are 3 problems:

1) as he is just a tenant, he hasn't lost any money from this. His landlord has not charged him anything, so he is just making a profit out of me by keeping my deposit

2) the flood wasn't my fault. I turned on the bath which filled up, but the overflow pipe was blocked so didn't work. The only reason water came over the edge of the bath is because of the defective overflow pipe.

3) any damage that was done will anyway be covered by the building insurance.

I'm planning on suing him for my deposit (and legal costs). What is the correct process please?

EmmyLou30

As others have already stated, the costs will make their way down the chain. Your landlord claims off the building insurance for the flats with any excess being passed onto you, then you claim the excess off the lodger. Simples. But until you know what the cost will be, you can't very well tell the lodger how much it'll cost them either now or from their deposit.

I do see it from your POV though. Negligence causes a bath to overflow if the plumbing wasn't to blame and they just left the taps on full blast.....that's an accident yes, but due to someone being careless and you as the 'landlord' shouldn't be out of pocket as a result. But you won't be. Once your landlord passes costs to you, you pass them down the chain to the lodger.

k3lvc

noddynoo wrote: »

Absolutely would LOVE to hear their side I can virtually guarantee it would have a different slant

Given the OP's history and loose grasp of the legal aspects of what he/she is doing I'm sure there will be - and I don't see the OP being winner in this one

cjmillsnun

someanonbloke wrote: »

If taps are on full, the overflow won't handle excess pressure.

Which just proves you don't understand plumbing.

Overflows have NOTHING to do with water pressure., and yes they should be able to handle the flow concerned or 99% of it.

As others have said, you have to wait until your costs are known before going after your lodger. What happens if your costs are zero.

Also claiming structural surveys are required? Unless the building was in bad shape, absolute rubbish. The ceiling/floor joists should be able to handle the water. What will be required are ceiling repairs and possibly new floorboards, although if the floor hasn't gone, then this again is extremely unlikely.

What you may also find, that as your lodger was responsible, your landlord may decide that you can't have lodgers any more.

someanonbloke

What you may also find, that as your lodger was responsible, your landlord may decide that you can't have lodgers any more.

Yup, lots of you indulging schadenfreude here. Did your mummies not love you enough?

aneary

You should chat to the dog woman.

HampshireH

In most tenancy agreements in would be a breach of tenancy not to report the repair to the 'LL if they are responsible for maintaining the property. Not all but many. So the 'LL should already have been informed.

What insurance policy would you be claiming on? As a tenant you would only have contents insurance assuming with accidental damage. However this wouldn't cover a ceiling. It would have to be the 'LL policy for buildings. If delayed their insurer may question why. Your 'LL may have certain requirements / timescales for raising a claim after a problem has occured. If you delay things this could hinder any claim you 'LL may choose to make.

I don't think this is your call based on the info you have given.

However you have been given advice across all 4 pages and the thread reads like a bit of a windup to a latecomer as it's evident you will do your own things regardless.

I wouldn't want to be your tenant if I was about to get shafted for my deposit when a process and communication with the real 'LL doesn't appear to have taken place.

Also if you use their deposit and anything else happens how do you intend to recover those costs or will you also be evicting your tenant?

cjmillsnun

someanonbloke wrote: »

Yup, lots of you indulging schadenfreude here. Did your mummies not love you enough?

Complete tosh. I am stating fact. You being allowed lodgers is at your landlord's discretion.

Cakeguts

I get the distinct impression that there is more to this story than we are being told. Either the lodger isn't a lodger and the flat is sublet or the landlord doesn't know about the lodgers being lodgers.

someanonbloke

I get the distinct impression that there is more to this story than we are being told. Either the lodger isn't a lodger and the flat is sublet or the landlord doesn't know about the lodgers being lodgers.

If you look at my earlier posts that question has been answered. I'm not clear why you've chosen to ignore the two times I answered that.